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(영문) 창원지방법원 거창지원 2020.03.04 2020고단7
업무방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On June 12, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of interference with business, etc. at the Jinwon District Court's Jinwon Branch branch, and completed the execution of the sentence on June 10, 2019.

【Criminal Facts】

On December 11, 2019, from around 15:00 to 15:40 on the same day, the Defendant obstructed the victims’ work by force on a total of six occasions, including the following: (a) from around 15:00 to around 15:40 on December 11, 2019: (b) from the D Association managed by the victims C, under the influence of the Republic of Korea, and (c) from the employees and customers, who were unable to perform their duties by avoiding disturbance, such as drinking, and taking a large amount of desire to pay attention to their employees and customers; and (d) thereby obstructing the victims’ work by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement of C, E, F, and G;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of the fact during the repeated period);

1. Relevant Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Not more than 15 years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime (Determination of Punishment on Business against F) (Offense of Interference with Business) [Determination of Punishment on Business] category 1 (Interference with Business] (Special Convict), mitigation element (Failure of Punishment), aggravation element (Prohibition of Punishment) [Scope of Recommendation Punishment] Basic Field, Imprisonment with prison labor from June to June 1;

B. Type 1 (Interference with Business of December 16, 2019) [Determination of type] interference with business (Interference with Business of December 16, 2019] (Category 1 (Interference with Business), mitigation elements (in cases where the degree of deceptive scheme and force or degree of interference with business is minor), mitigation elements (in cases where a crime is committed repeatedly over a considerable period of time), aggravation factors (in cases where a crime is committed repeatedly, the scope of recommending punishment] basic area, imprisonment with prison labor for six years to six months

(c) On December 11, 2019, with respect to Group 2 Crimes C.

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